Weston selectmen vote to sue Harvard over property

Friday

Mar 28, 2014 at 12:01 AMMar 28, 2014 at 11:26 AM

Following a seven-year standoff with Harvard University, the Board of Selectmen unanimously voted on Wednesday evening to take the issue of purchasing the 62.5-acre Case Estates property, located at the intersection of Ash, Wellesley and Newton streets, to Superior Court.

Veer Mudambi

Following a seven-year standoff with Harvard University, the Board of Selectmen unanimously voted on Wednesday evening to take the issue of purchasing the 62.5-acre Case Estates property, located at the intersection of Ash, Wellesley and Newton streets, to Superior Court.

“We are reluctant to sue” said Chairman Edward Coburn, “but are left with no other option.”

In November 2006, Town Meeting voted to spend $22.5 million to purchase the Case Estates from Harvard for open space, municipal purposes and possibly residential use. The price was based on a potential of 31 house lots at that time.

Since then, extensive soil tests have been conducted, and the levels of contamination discovered required Harvard to notify the state.

The contaminants date back from when the land was used as an apple orchard in the early 1900s, and have been linked to various agricultural uses, pesticides and other chemicals used on the land, including DDT in the 1970s.

Residents voted for a new plan at annual Town Meeting in 2010, asking Harvard to proceed with a partial cleanup of the Case Estates that would have lowered the price tag by $3 million.

According to the selectmen, Harvard has since delivered an ultimatum that Weston can either purchase the property as is or not at all.

“We didn’t think that was fair,” said Harrity, explaining why the board voted to take legal action to compel Harvard to honor the 2010 agreement.

Harrity also explained that due to Harvard’s “stonewalling,” there are no options for mediation or other less drastic measures.

Not everyone present at the selectmen’s meeting believes legal action to be the best course. Resident Isabella Jancourtz suggested former Selectman Harold Hestnes, an attorney with strong ties to Harvard, reopen negotiations, which have thus far been managed by Harrity.

Jancourtz is running for selectman in the upcoming Town Election on May 10, against Harrity as the incumbent.

When asked if the land is worth the risk of a costly loss in court, Coburn responded the board is following through on the will of the voters to acquire it.

“(The town’s) investments made that land valuable,” added Harrity. “If we don’t go forward with this, they will sell it to a developer.”

Coburn said the town’s legal counsel, Kopelman and Paige, believe they have a strong case, making the risk acceptable.

While Town Meeting authorized spending $22.5 million to purchase Case Estates in 2006, Jancourtz said, “We voted for open space, not for a major lawsuit.”